Paula Leeson: Father of drowned heiress wins legal challenge – BBC News

Posted January 19th, 2023 in evidence, inquests, married persons, murder, news by tracey

‘The father of a wealthy heiress who drowned while on holiday in Denmark has won a High Court challenge over the scope of an inquest into her death.’

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BBC News, 18th January 2023

Source: www.bbc.co.uk

Abuse of Process for Lost Evidence: Alive and Kicking – 25 Bedford Row

‘Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed.’

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25 Bedford Row, 5th December 2022

Source: www.25bedfordrow.com

Judge warns solicitors over witness statement compliance certificates – Legal Futures

‘The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.’

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Legal Futures, 4th January 2023

Source: www.legalfutures.co.uk

‘Is the conviction sound? No’: lawyer vows to prove Michael Stone’s innocence – The Guardian

‘Mark McDonald believes Russell murders case will turn out to be a serious miscarriage of justice.’

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The Guardian, 27th November 2022

Source: www.theguardian.com

Police apologise to woman for not pursuing sex assault report – BBC News

Posted October 24th, 2022 in evidence, media, news, police, sexual offences, victims by sally

‘A woman who was sexually assaulted at a bus station said police failed to act despite her sending them photos of her attacker.’

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BBC News, 24th October 2022

Source: www.bbc.co.uk

Case commentary in finding of fact hearing – By Mollie Briggs – Park Square Barristers

Posted October 20th, 2022 in care orders, children, doctors, evidence, expert witnesses, news by sally

‘The case involved a fact-finding hearing where the local authority applied for care orders in respect of two children, after the youngest child sustained significant brain injuries following a fall from the father’s arms whilst he was holding the child and picking up the older sibling.’

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Park Square Barristers, 18th October 2022

Source: www.parksquarebarristers.co.uk

New Judgment: Commissioners for His Majesty’s Revenue and Customs v NHS Lothian Health Board (Scotland) 2022 UKSC [28] – UKSC Blog

Posted October 20th, 2022 in burden of proof, EC law, evidence, news, Scotland, standard of proof, Supreme Court, VAT by sally

‘This appeal concerns the correct approach to evidence and the burden and standard of proof in the context of historic claims for the recovery of input Value Added Tax (“VAT”). Input tax is the VAT incurred when the taxpayer buys in supplies which it uses for the purpose of a business activity.’

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UKSC Blog, 19th October 2022

Source: ukscblog.com

Noise cameras to be trialled in England to tackle ‘boy racers’ – The Guardian

Posted October 18th, 2022 in evidence, news, noise, road traffic offences, video recordings by sally

‘Noise-detecting traffic cameras will be trialled in four areas in England in an attempt to crack down on “boy racers” who rev engines and use illegal exhausts, the Department for Transport has announced.’

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The Guardian, 18th October 2022

Source: www.theguardian.com

‘Wagatha Christie’ trial: Vardy ordered to pay up to £1.5m of Rooney’s legal fees – The Guardian

Posted October 5th, 2022 in costs, defamation, evidence, media, news, sport by sally

‘Rebekah Vardy will have to pay up to £1.5m to Coleen Rooney in legal fees after losing yet another stage in the “Wagatha Christie” libel trial.’

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The Guardian, October 2022

Source: www.theguardian.com

Rikki Neave police ‘ignored scientific evidence’ – BBC News

‘Six-year-old Rikki Neave disappeared after leaving home for school in November 1994 – his body was discovered the following day. A BBC investigation has found that police ignored scientific evidence to build a case against his mother, leaving his killer free for more than 20 years.’

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BBC News, 3rd October 2022

Source: www.bbc.co.uk

Crown court roll-out of pre-recorded evidence in England and Wales complete – BBC News

Posted September 27th, 2022 in Crown Court, evidence, news, rape, trafficking in human beings, victims, video recordings by sally

‘The use of pre-recorded evidence from victims and witnesses of crimes such as rape has been rolled out across all crown courts in England and Wales.’

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BBC News, 26th September 2022

Source: www.bbc.co.uk

News focus: Big Brother watch – time for intercept evidence to be admissible in court? – Law Society’s Gazette

Posted September 20th, 2022 in admissibility, encryption, evidence, investigatory powers, news, telecommunications by tracey

‘Intercepts remain inadmissible as evidence, which makes our jurisdiction an outlier. Is it time to allow their use, when this could boost transparency and build public confidence?’

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Law society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

Proving things and the perils of pro-forma – Nearly Legal

Posted August 30th, 2022 in evidence, housing, news, rent, repayment, witnesses by tracey

‘Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) (2022) UKUT 234 (LC). An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of establishing ALL the elements of a relevant offence, while also providing a snapshot of the horror show that is “get rich quick” rent to rent set ups.’

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Nearly Legal, 28th August 2022

Source: nearlylegal.co.uk

Firm fails in bid for injunction to stop use of letter it disclosed in error – Legal Futures

Posted August 26th, 2022 in disclosure, evidence, expert witnesses, injunctions, law firms, news, privilege by tracey

‘The High Court has refused a leading law firm an injunction to stop an opposing party making a use of a document it disclosed by mistake that cast doubt on an expert’s independence.’

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Legal Futures, 26th August 2022

Source: www.legalfutures.co.uk

F And G (Children : Sexual Abuse Allegations) [2022] EWCA Civ 1002 – Family Law Week

Posted August 16th, 2022 in appeals, child abuse, children, evidence, judgments, news by sally

‘The child had been the subject of an “ABE” interview that was non-compliant with best practice guidance in various ways. She had undergone a medical examination, and the examining doctor concluded that against a backdrop of a clear allegation from the child, the clinical findings supported the allegation of penetrative abuse. Written evidence from a paediatrician concluded that hymenal notches were “suggestive” of penetration.’

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Family Law Week, 1st August 2022

Source: www.familylawweek.co.uk

Craig Wright wins ‘only nominal damages’ of £1 in bitcoin libel case – The Guardian

Posted August 2nd, 2022 in cryptocurrencies, damages, defamation, evidence, news by tracey

‘For years Craig Wright has claimed that he is the mythical figure who created bitcoin. But a legal bid by the Australian computer scientist to defend his assertion that he is Satoshi Nakamoto resulted in a pyrrhic victory and a tarnished reputation on Monday.’

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The Guardian, 1st August 2022

Source: www.theguardian.com

Rebekah Vardy loses ‘Wagatha Christie’ libel case against Coleen Rooney – The Guardian

Posted July 29th, 2022 in costs, defamation, evidence, media, news, telecommunications by sally

‘Rebekah Vardy has lost her “Wagatha Christie” libel case against Coleen Rooney, in a dramatic self-inflicted legal defeat that leaves her reputation destroyed.’

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The Guardian, 29th July 2022

Source: www.theguardian.com

Judge condemns “trench warfare” over witness statements – Legal Futures

Posted July 25th, 2022 in costs, evidence, judges, news, practice directions, witnesses by sally

‘The rules on witness statements should not be seen as encouragement to go through them “with a fine-tooth comb” to identify “as many instances of non-compliance as possible for use in trench warfare”, the High Court has said.’

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Legal Futures, 25th July 2022

Source: www.legalfutures.co.uk

Prisoners denied access to forensic evidence in bid to prove their innocence – The Guardian

‘Prisoners convicted of serious crimes who may be the victims of miscarriages of justice are being blocked from access to crucial forensic information that could prove their innocence, experts have warned.’

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The Guardian, 11th July 2022

Source: www.theguardian.com

High Court gives guidance on scope of article 2 inquests – UK Human Rights Blog

Posted June 29th, 2022 in bias, coroners, evidence, human rights, inquests, mental health, news, suicide by sally

‘In R (Gorani) v HM Assistant Coroner for Inner West London [2022] EWHC1593 (QB), a Divisional Court comprising Macur LJ and Garnham J rejected on all grounds a wide-ranging challenge to the conduct of in inquest into a suicide. Of particular interest were the Court’s observations on the effect of a finding that the investigative duty under article 2, ECHR was engaged, and their clarification that a coroner does not need to hear submissions before refusing to make a ‘preventing future deaths’ report. That said, it is a broad and interesting judgment and deserves reading in full by those with an interest in coronial law.’

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UK Human Rights Blog, 28th June 2022

Source: ukhumanrightsblog.com